Starting from the premise that consumer enjoyment of food is linked directly to its
color, this article discusses the types of substances that have been used over the
centuries to change the appearance of food products and how various governments
have tried to regulate their use. The earliest food coloring regulations in the
United States were developed under pressure by dairy producers who were able,
at one time, to persuade the legislatures of five states to pass laws requiring that
margarine be dyed pink to compromise its acceptability in the marketplace.

The author traces the history of U.S. laws regulating color additives, noting how
debate has raged over the application of strict standards that bar the use of
substances with even a 1 in a billion cancer risk to applying what the Food and Drug
Administration has championed and called de minimis exceptions that would allow
the use of color additives with any risk lower than 1 in 1 million.

The author notes that public wariness of synthetic additives has led food and
beverage producers to research and use natural colors, some of which have been
found to have “nutraceutical” properties. One industry executive is quoted as saying,
“It is a very new field for a lot of companies. We are still learning what the specific
health benefits are and trying to quantify them. As the food industry works with
the health industry, we will see them (natural colors) used more and more, not only
for color, but also for the health benefits that could be great for children as well as
adults.”

The article concludes, “What we use to dye our foods and how we regulate it may
continue to change, but there is no end in sight to the timeless practice of coloring
our food.”

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

Close